Miscellaneous
- Cancellation of Contracts
- Televisions & Telecommunications
Equipment
- Business Names
- Green legislation - energy conservation, pollution and
waste
Cancellation of
Contracts
What the legislation does
Gives the consumer the right, in certain circumstances, to
cancel agreements.
See below for UK legislative cancellation rights at a
glance
Contracts signed in the home(Doorstep Selling)
Consumer Protection (Cancellation of Contracts
Concluded away from Business Premises) Regulations 1998
- Contract is over £35 in value;
- Contract is signed at home or away from the business premises
of the supplier;
- The visit has not been requested by customer, but has been
instigated by the supplier, either by telephone canvassing or prior
visit;
- It is a consumer contract. Business contracts are not
covered
Consumer must be given a written notice of right to cancel.
Consumer may cancel within 7 days following the making of the
contract and recover any deposit paid.
The Regulations provide that:
- Traders who fail to inform consumers in writing of their right
to a cooling off period will be committing a criminal offence.
- Door-to-door sellers must provide a notice setting out
cancellation rights when any agreement is made. Failure to do so
makes the agreement unenforceable. This is the case whether a
deposit is paid or not.
How to Cancel
- Cancel within the cooling off period;
- Write to the supplier or finance company telling them that you
are cancelling the agreement, as you are legally entitled to
do.
- Complete and return any cancellation slip provided.
- Obtain a certificate of posting.
- Keep a copy of your letter/cancellation slip.
- Keep any goods supplied safe until collected
The Regulations apply to the supply of goods or services and
also cover agreements for the repair or improvements to property.
[e.g. double glazing, fitted kitchen, central heating, loft
insulation.
Further Information from the BIS (Department for Business Innovation &
Skills).
Mail Order or Internet purchases
The Consumer Protection (Distance Selling) Regulations 2000 give
the right for the buyer to cancel the contract (within a minimum of
seven days from receipt of goods).
Link to Distance selling page
Energy Suppliers
Complaints about cancellations of gas and
electricity contracts in Great Britain can be made direct
to www.consumerfocus.org.uk
Extended warranties
The
Supply of Extended Warranties on Domestic Electrical Goods Order
2005 ensures that the consumer is given clear notification of
cancellation rights.
Timeshares
Timeshare
Act 1992 provides rights to cancel certain timeshare
agreements. Notices of cancellation rights and blank cancellation
notices (the so-called invitation to cancel) must be given to all
purchasers
Gives a minimum of 14 days cooling off period within which the
purchaser can cancel the agreement.
Credit Contracts
Consumer
Credit Act 1974
Withdrawal
Consumer may withdraw from the contract at any time before the
agreement is signed by the other party on behalf of the lender.
There is no contract until all parties have agreed. This applies
whether signed at home or on business premises.
Cancellation
If a credit agreement is signed at home following face to face
contact with the supplier, written notice of cancellation rights
must be given.
These should be written into the agreement and a copy of this
agreement be given at the time it is signed.
In addition, either a second copy of the agreement signed by the
finance company should be given through the post, or a separate
notice of your cancellation rights should be given.
The consumer has five days from when they receive this second copy
or notice to cancel the agreement
Table: UK legislative cancellation rights at a glance¹
| Subject |
Statutory
cancellation period |
Cancellation period begins |
Method of cancellation |
What is not covered2 |
| Doorstep selling |
7 days |
Day after purchase |
In writing |
Solicited sales |
| Timeshare |
14 days |
Day after purchase |
By notice |
Holiday clubs |
| Distance selling – goods & services except financial
services |
7 working days |
On receipt of goods or from the day following purchase of the
service |
In writing or a durable form |
Where the transaction includes a face-to-face element |
| Distance selling – financial services including
credit |
14 days (30 days for life insurance) |
From the day following purchase of the service |
In writing or a durable form (and orally where the trader
permits) |
Where the transaction includes a face-to-face element |
| Credit |
5 days |
The day after receiving the cancellation notice |
In writing |
Face-to-face transactions concluded on trade premises |
| Extended warranties on domestic electrical goods |
5 days |
Day of purchase |
By notice orally or in writing |
Other extended warranties and domestic goods warranties that
are distance sales |
1 - In all these situations,
there is a requirement for the trader to provide the consumer with
information about their cancellation rights. Where this is not
provided, the cancellation period can be extended
2 - Only the major gaps in cover, or areas of
particular concern, are
shown. |
Televisions &
Telecommunications Equipment
What the legislation involves:
Televisions
Requires television sets with an integral viewing screen of
visible diagonal greater than 42cm to be fitted with at least one
open interface socket permitting simple connection of peripherals
including additional decoders and digital receivers (a scart
connection)
Telecommunications equipment
Imposes requirements concerning the conformity of certain
telecommunications terminal equipment, if such equipment is to be
supplied and put into service, including connection where
appropriate to a public telecommunications network. The method of
connection can be by wire, optical fibre, radio or any other
electromagnetic means.
Applies essential requirements that must be met by apparatus.
Telephone apparatus that meets the requirements of the Regulations
may be connected to appropriate interfaces of Public Telephone
Networks and may be put into service.
Defines the form of CE marking that must be placed on apparatus,
the information and instructions that must accompany apparatus and
conditions for display of the apparatus.
Examples of equipment which are covered are mobile radio
transceivers, telephones, fax machines, private exchanges (PABX),
modems, terminal adapters and extension bells. Cordless and mobile
'phones are included as are satellite
transceivers.
Enforcement
Requires routine inspections of premises, investigation of
complaint and advice to manufacturers, importers and retail.
Test purchases and testing. Seizure and detention of suspect
equipment and documentation. Serving of suspension and prohibition
notices. Inspection of product
documentation.
Premises affected
Manufacturers and importers of consumer electronics. Retailers
are liable to enforcement action so it is in their interests to
ensure their equipment conforms with the regulations. Home
improvement retailers, electrical goods retailers (and
wholesalers), department stores.
The telecommunications industry. Retail (supermarkets, sales,
markets and car boot sales), manufacturers and
importers.
Legislation
The Advanced Television Services Regulations 2003
Telecommunications Act 1984 The Radio Equipment and
Telecommunications Terminal Equipment Regs
2000
Business
Names
What the legislation does:
Requires a business carried on under a name other than of its
owner to display particulars of ownership on both premises and
stationery.
The information of particulars of ownership is required in order
that an address at which legal documents can be served is made
known to anyone doing business with the trader.
Any invoices receipts etc. must also give appropriate
information.
Further advice from Companies House.
Enforcement
Premises must be advised of the need to display the required
details. Especially important where a consumer has expressed a wish
to proceed with a civil action against a business who then refuses
to divulge ownership details.
Premises affected
Applies to all incorporated companies, partnerships and sole
traders. Incorporated companies must also comply with the
requirements of the Companies Acts.
Legislation
Green Legislation
What the legislation does:
Wide ranging legislation, mainly from European directives, all
concerned with ‘green’ environmental issues –
energy conservation, pollution and waste.
- Controls maximum permitted levels of certain harmful
pollutants, such as sulphur and lead in motor fuels.
- Controls harmful pollutants in anti-fouling paints.
- Regulates pesticides and substances, preparations and organisms
prepared or used for the control of pests or for protection against
pests; and for connected purposes.
- Bans creosotes in products.
- Requires certain energy-consuming appliances, such as heaters,
cookers and refrigerators, to carry type approval markings,
indicating that the appliance meets certain approved standards and
showing such details as the rate at which it consumes energy.
(supplied by manufacturer)
- Limits the sale of exhaust systems and silencers for
motorcycles to those which will not result in the emission of
excessive noise.
- Regulations requiring CO2 emission and fuel consumption figures
for motor vehicles to be made available to the consumer. Similar
regulations apply for non-road mobile machinery.
- Requires packaging to be minimal, have low levels of noxious or
hazardous substances (when treated as waste) and not to contain
excess levels of heavy metals. The packaging is also required to be
recoverable in a manner prescribed
Enforcement
Requires regular visits to various premises to ensure
compliance. Advice to manufacturers and importers on wide range of
subjects. Complaints to be investigated and in some instances
samples to be taken or test purchases
undertaken.
Premises affected
Car dealers, motorcycle dealers, sellers of industrial
machinery, filling stations, electrical retailers, garden supplies,
retailers, supermarkets, boating supplies, manufacturers, packers
and importers, markets, car boot sales,
ironmongers.
Legislation
- Clean Air Act 1993
- Control of Pollution Act 1974
- Energy Conservation Act 1981
- Food and Environment Protection Act
1985
- Environment Protection Act 1985
- Control of Pesticides Regulations 1986
- Creosote (Prohibition on Use and Marketing) Regulations
2003
- Packaging (Essential Requirements) Regulations 2003
- Passenger Car (Fuel Consumption and CO2 Emissions Information)
Regs 2001 Non-Road Mobile
- Machinery (Emission of Gaseous and Particulate Pollutants)
Regulations 1999
- Energy Information (Household Air Conditioners) (No. 2)
Regulations 2005 Energy Information
- (Household Electric Ovens) Regulations 2003
- Energy Information (Combined Washer drier) Regulations
1997
- Energy Information (Dishwashers) Regulations 1999
- Energy Information (Lamps) Regulations 1999
- Energy Information (Refrigerators & Freezers) Regulations
1997
- Energy Information (Tumble Driers) Regulations 1996
- Energy Information (Washing Machines) Regulations 1996
- Energy Information and Energy Efficiency (Amendment)
Regulations
- Energy Efficiency (Ballasts for Fluorescent Lighting)
Regulations 2001
- Energy Information (Household Air Conditioners) Regulations
2003
- Energy Information (Household Electric Ovens) Regulations
2003
- Energy Information (Household Refrigerators and Freezers) Regs
2004
- Motor Cycle Noise Act 1987
- Motor Cycle Silencer and Exhaust Systems Regulations 1995
- Detergents Regulations 2005
